Can an officer speak with you while you are under the influence of alcohol inside your apartment but then once outside arrest you for public intoxication?

i started leaving the apartment, then saw police coming up. I went back to close the door, then the cop put his foot in the way so I wouldn’t close it. I did not give him consent to enter the place, then my friend started to shove the door closed without knowing it was cops, the door broke because the cops foot was in the way. He called my friend outside, then arrested him for public intoxication, assulting an officer, and resisting arrest. Can that be held up in court? Is there anything I can be informed about to help any charges go away?

Asked on July 8, 2012 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, it is entirely possible for a police officer to arrest a person for public intoxication after calling the person out in public when the arrested person was initially inside a private residence.

The issue is whether or not the prosecution will meet its burden of proving public intoxication under the circumstances that you have written about.

Based upon my experience, the chances do not seem very good for the prosecution to meet its burden of proving the crime of public intoxication from what you have written. I suggest that your friend consult with a criminal defense attorney to assist in the matter that you have written about.

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